US Secretary of State Hillary Clinton Encourages Kenya to Create Tribunal, or Threatens ICC Action

NAIROBI, Kenya — Secretary of State Hillary Rodham Clinton toughened her message to Kenya on Thursday, saying that if the Kenyan government refused to set up a tribunal to prosecute the perpetrators of last year’s election-driven bloodshed, the International Criminal Court at the Hague would get involved.

“I have urged that the Kenyan government find the way forward themselves,” she said, “But if not, then the names turned over to the I.C.C. will be opened, and an investigation will begin.”

She was referring to a list of prime suspects that the former United Nations secretary general, Kofi Annan, handed to the International Criminal Court in a sealed envelope in July. The court itself has also recently threatened to intervene if Kenyan leaders decide to continue the country’s stubborn history of impunity.

The American government and Kenyan human rights groups have been pressing Kenya’s leaders to establish a local tribunal, saying it will be far better for Kenya to handle these issues at home. But one glaring problem is that several of the top suspects are widely believed to be high-ranking ministers who have blocked any effort that might lead to their own prosecution.